Pennsylvania Senate Bill SB846

Pennsylvania 2023-2024 Regular Session

• Introduced: 7/6/23
• Refer: 7/6/23

Caption

Providing for adult use cannabis; regulating the personal use and possession of cannabis; establishing the Cannabis Regulatory Control Board; providing for powers and duties of the Cannabis Regulatory Control Board; establishing the Cannabis Business Development Fund; providing for social and economic equity, for regulation of cannabis business establishments, for enforcement and immunities, for laboratory testing, for advertising, marketing, packaging and labeling and for preparation, destruction and regulation of cannabis and cannabis-infused edible and nonedible products; imposing a sales tax and excise tax on cannabis and cannabis-infused edible and nonedible products; establishing the Cannabis Regulation Fund; providing for cannabis clean slate and for miscellaneous provisions; imposing penalties; consolidating provisions relating to medical marijuana; transferring certain powers and duties of the Department of Health to the Cannabis Regulatory Control Board; in driving after imbibing alcohol or utilizing drugs, further providing for driving under influence of alcohol or controlled substance and for authorized use not a defense; and making repeals.

Impact

The passage of SB 846 would significantly impact the landscape of marijuana regulation in the Commonwealth. By delegating oversight to the newly formed Cannabis Regulatory Control Board, the bill centralizes the authority to establish rules for cultivation, processing, and sale. This could streamline the operational framework for cannabis businesses while promoting economic development through the creation of jobs and tax revenue. Additionally, it aims to foster social equity by providing grants and loans to minority groups and those adversely affected by past cannabis prohibition laws, generating a pathway for community participation in the legal cannabis market.

Summary

Senate Bill 846 is a landmark piece of legislation aimed at regulating the adult use of cannabis in Pennsylvania. It prescribes comprehensive measures for the personal use and possession of cannabis while establishing the Cannabis Regulatory Control Board. The bill covers an array of topics, including the issuance of permits for cannabis business establishments, the establishment of the Cannabis Business Development Fund, and provisions for social and economic equity in the cannabis industry. It imposes a sales tax and excise tax on cannabis products, ensuring that the state can benefit financially from this newly regulated market.

Sentiment

The sentiment surrounding SB 846 has been generally supportive among proponents who view it as a progressive approach to cannabis legalization that addresses the historical injustices of drug policy. Advocacy groups emphasize its potential for economic growth and public health benefits. However, there are also concerns voiced by opponents, including some law enforcement agencies and community groups, who worry about the implications of increased cannabis usage and its effects on public safety and youth access. This divergence of opinion highlights ongoing tensions between regulation and freedom, safety considerations, and economic benefits.

Contention

Key points of contention include the balance between state regulation and local control, particularly regarding how municipalities can regulate cannabis businesses within their jurisdictions. The bill prohibits localities from enacting stricter regulations than those established by the state, which raises concerns about the ability of communities to address their specific needs. Furthermore, debates surround the adequacy of penalties for underage possession and the implications of the tax structures put in place, which some argue may disproportionately affect lower-income consumers.